Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2013 ONFSCDRS 153
FSCO A12-000123
BETWEEN:
TIFFANY ROSALEE CHRISTIE
Applicant
and
PERSONAL INSURANCE COMPANY OF CANADA
Insurer
REASONS FOR DECISION
Before: Rosemary Muzzi
Heard: November 22, 2013, at the offices of the Financial Services Commission of Ontario in Toronto
Appearances: Alexei Antonov, student-at-law for Ms. Christie David Murray for Personal Insurance Company of Canada
Issues:
This date was originally set for the hearing of Ms. Christie’s accident benefits claims. Ms. Christie did not appear.
Prior to this proceeding, and in accordance with the Dispute Reoslution Practice Code, Mr. Antonov delivered a motion for an order removing Mazin and Associates as counsel of record in this matter.
The Personal seeks a dismissal of the arbitration with an order for expenses due to Ms. Christie’s failure to attend.
I dealt with all matters.
Result:
I made an order removing Mazin and Associates as counsel of record. Counsel had been representing Ms. Christie since at least the filing of the Application for Arbitration in January 2012. Since before the pre-hearing, however, counsel and client have had little contact notwithstanding counsel’s many letters to the applicant’s only known address. Further, the telephone numbers provided by the applicant were either incorrect or no longer in service.
I was satisfied that the solicitor-and-client relationship had broken down in the circumstances and I allowed counsel to be removed from the record.
The Personal asked that the arbitration be dismissed with an order for expenses.
Ms. Christie was purportedly injured in a motor vehicle accident on June 23, 2010 and yet has never appeared at the Commission in relation to her accident benefits claims despite the scheduling of four separate pre-hearing discussions. Ms. Christie has been notified of all proceedings at the Commission and has never communicated directly with the Commission nor informed the Commission of any change in address or contact information.
In the circumstances, I find that it is appropriate that the application for arbitration be dismissed.
EXPENSES:
With respect to its expenses, the Personal advised that its counsel has appeared for at least two in‑person proceedings. Having considered the criteria indicated in the Expense Regulation I find that the Personal is entitled to its expenses which I fix in the amount of $2000.
November 28, 2013
Rosemary Muzzi Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
FSCO A12-000123
BETWEEN:
TIFFANY ROSALEE CHRISTIE
Applicant
and
PERSONAL INSURANCE COMPANY OF CANADA
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
The application for arbitration is dismissed.
Ms. Christie shall pay the Personal its expenses fixed in the amount of $2000.
November 28, 2013
Rosemary Muzzi Arbitrator
Date